background check for private sale

[eucher]

I live in Or, and was wondering if I was to sell a firearm to a private party, is there any way to do a background check? My understanding is that only FFL dealers can use the States check system. Is there someway to make sure I would not be selling to someone who maybe shouldn't (or legally) be allowed to purchase?

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[Tomoizle]

Having a CPL is a good way to prove that they are allowed to own a gun.

 

[Morpheus]

2 ways to do this.
1st way, as a private person you can call the state and do a background check as a private person. It is possible, but so few do this many of the people at the 800 number don't know how to handle it.
2nd way, require an CHL and Oregon Drivers licence. While they both could be fake or both could be invalid in some other way, it does help weed out the people who won't even show up because you require this of the buyer.

 

[accessbob]

You should be able to call
FICS Instant Check (And Stolen Gun Checks) 1-800-432-5059

and for the background check they will take your credit card as payment (I've seen something say that before but can't find it at the moment).

 

[feetchermancj]

Having a CPL is a good way to prove that they are allowed to own a gun.

I understand this but it suck for people like me who are 20 and can't get a CHP yet

 

[solv3nt]

I have a CHL, what are you selling?

 

[DuneHopper]

It is only against the law to knowingly sell a gun to a person whom is a felon.

Do the sniff test, ask the guy do you have a felony.

Say hey I have to ask do you have a felony and are you able to buy guns ?
If the guy does not pass your smell test, hmms and haas or you feel un easy back away.

I just sold a gun on here not to long ago, thats what I did.

Remember you are the seller and you can always change your mind just like a buyer can until money exchanges hands it is not a done deal. And the best is a CHL, pretty much seals the deal they are not a felon hence the point of a CHL and is why cops may not like that you carry, they know CHL holder are not felons most likely either.

 

[eucher]

I guess I don't know what a CPL,CHL,CHP or FICS are... I have a Krinkov I'm thinking of putting on the classifieds. I really wanted to make sure to get it to a good home. Thanks for the info..

 

[solv3nt]

I have a concealed license pistol permit, which means that the State of Oregon deems me enough of a non-criminal to allow me to carry a loaded concealed pistol. I'm interested in your Krinkov, do you have pictures and a price? A little bit of history?

 

[Bushman]

FFL dealers can use the States check system

 

[drew]

I thought OR had a number for non-licensees to call outside of gun shows. Not sure if it takes a form.

I'm not sure because I've never considered using it.

 

[eucher]

I'll be posting pics soon. It's a k-var bulgarian 7.62 with milled arsenal receiver. New, never been fired. Cerikote finnish.922 compliant. Rosewood stock. Faux suppresor(barrel extention). I'm not sure on the price yet. I was kind of hopeing I might get a idea from some of members and posts.

 

[accessbob]

I thought OR had a number for non-licensees to call outside of gun shows. Not sure if it takes a form.

I'm not sure because I've never considered using it.

Same number you just identify yourself as a private citizen. And here's the law regarding that:

166.436 Firearm transfers by persons other than gun dealers; criminalbackground checks authorized; liability. (1) The Department of State Police shall
make the telephone number established under ORS 166.412 (5) available for requests
from persons other than gun dealers for criminal background checks under this section.
(2) Prior to transferring a firearm, a transferor other than a gun dealer may request
by telephone that the department conduct a criminal background check on the recipient
and shall provide the following information to the department:
(a) The name, address and telephone number of the transferor;
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(b) The make, model, caliber, and manufacturer's number of the firearm being
transferred;
(c) The name, date of birth, race, sex and address of the recipient;
(d) The Social Security number of the recipient if the recipient voluntarily provides
that number;
(e) The address of the place where the transfer is occurring; and
(f) The type, issuer and identification number of a current piece of identification
bearing a recent photograph of the recipient presented by the recipient. The
identification presented by the recipient must meet the requirements of ORS 166.412
(4)(a).
(3)(a) Upon receipt of a request for a criminal background check under this section,
the department shall immediately, during the telephone call or by return call:
(A) Determine from criminal records and other information available to it whether the
recipient is disqualified under ORS 166.470 from completing the transfer or is otherwise
prohibited by state or federal law from possessing a firearm; and
(B) Notify the transferor when a recipient is disqualified from completing the transfer
or provide the transferor with a unique approval number indicating that the recipient is
qualified to complete the transfer. The unique approval number is a permit valid for 24
hours for the requested transfer. If the firearm is not transferred from the transferor to
the recipient within 24 hours after receipt of the unique approval number, a new request
must be made by the transferor.
(b) If the department is unable to determine whether the recipient is qualified for or
disqualified from completing the transfer within 30 minutes of receiving the request, the
department shall notify the transferor and provide the transferor with an estimate of the
time when the department will provide the requested information.
(4) A public employee or public agency incurs no criminal or civil liability for
performing the criminal background checks required by this section provided the
employee or agency acts in good faith and without malice.
(5)(a) The department may retain a record of the information obtained during a
request for a criminal background check under this section for the period of time
provided in ORS 166.412 (7).
(b) The record of the information obtained during a request for a criminal background
check under this section is exempt from disclosure under public records law.
(6) The recipient of the firearm must be present when the transferor requests a
criminal background check under this section.
(7)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection, a
transferor who receives notification under this section that the recipient is qualified to
complete the transfer of a firearm is immune from civil liability for any use of the firearm
from the time of the transfer unless the transferor knows, or reasonably should know,
that the recipient is likely to commit an unlawful act involving the firearm.
(b) If the transferor is required to request a criminal background check under ORS
166.438, the immunity provided by paragraph (a) of this subsection applies only if, in
addition to receiving the notification required by this section, the transferor has the
recipient fill out the form required by ORS 166.438 (1)(a) and retains the form as
required by ORS 166.438 (2).
(c) The immunity provided by paragraph (a) of this subsection does not apply:
(A) If the transferor knows, or reasonably should know, that the recipient of the
firearm intends to deliver the firearm to a third person who the transferor knows, or
reasonably should know, may not lawfully possess the firearm; or
(B) In any product liability civil action under ORS 30.900 to 30.920.
[2001 c.1 §6]

 

[eucher]

Thanks Accessbob; That pretty much covers It. I'll copy the number and save for future transactions

 

[Denwhit]

I have been buying guns from private individuals and I show them the copies of the form FFL's must fill out from my gun shop purchases and the state approval number. That should prove that I can legally buy guns. But, my CHL is in process and the main reason for me to want that is to show prospective private gun sellers that I'm one of the good guys. Applying for my FFL for the same reason.

 

[gunnails]

FFL dealers can use the States check system

========================================================

this^^^^^^^^^^^^

If you are truly concerned you could require the sale to go through a FFL

Me, I use the eyeball test.

 

[Denwhit]

I agree with gunnalls. I'm a great judge of character and would not sell to a scumbag without many forms of ID and proof he's a "good guy". But the law is the law.... Oregon does not require any background checks on private transactions which means you can not be held liable if the buyer goes rogue. Use your best judgement!

 

[sheepdip]

sniff test works for me. I am afraid mandatory background checks for private sales are not too far in the future. besides with identity thefts the way they are i wont give that imformation to a private party.